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Al SAHEEFA Magazine - Issue (23) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar

InternationalWomen’s Day

WOMEN’SDAY

M A R C H 8

T he International Women’s Day is celebrated on March 8 every year on recognition of women’s role and contribution in all walks of life. The woman is half of the society and the caretaker of the other half. Women earned this day after enduring hardship and suffering for decades. This day is not a bestowal by anyone; but rather, the result of a bitter struggle against a history of persecution and exploitation over the centuries.

The 8th of March is a day of great importance for women in all continents and countries. It marks the humanitarian and effective role played by women. It is also the day where the international community expresses solidarity for peace, democracy, human rights, social development, the fight against poverty, unemployment, disease, underdevelopment, illiteracy, and racial, ethnic, sectarian, and gender discrimination. The international community, on this day, also emphasizes achieving greater freedoms in thought, creativity, belonging, solidarity and expression for societies that are free of terrorism, domination and exploitation.

It is worth mentioning that the heavenly religions have been the first to guarantee the rights of women, and the Islamic Sharia, in particular, established all the rights of women more than one thousand and four hundred years ago. Under the wise leadership of His Highness the Emir

Sheikh Tameem bin Hamad Al Thani, the State of Qatar has placed great attention to the promotion and protection of all women’s rights. Qatari women have achieved successes at all economic, social and political levels in the state of Qatar and have held leading, ministerial and other positions .On the occasion of the issuance of the 23rd edition of Al-sahifa magazine with the observance of the International Women’s Day, I congratulate women all over the world; and I call on both men and women to be united and to be mutually supportive, and put endless effort to empower women and liberate them from negative and reactionary cultural legacies that promote a stereotypical image of women.

The theme for the celebration of International Day for 2017 is “Women in the Changing World of Work: Planet 50-50 by 2030”. World Women’s Day is an opportunity for men and women to reflect on the progress made in the empowerment of women, enhancing and protecting their rights, advocating for change and accelerating the efforts of women and the exceptional roles they are playing in the history of their countries and societies. Therefore, the State of Qatar strives to achieve the Millennium Development Goals and the 2030 Agenda, particularly gender equality and the empowerment of women to contribute to the development process, leading to effective results by 2030.

Maryam bint Abdullah Al-Attiyah Secretary-General of the National Human Rights Committee

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cont

ents

Dr. Al-Marri met with The United Nations High Commissioner for Human Rights

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Dr. Al-Marri met with Ambassador of Canada 5

Dr. Al-Marri met with the Secretary General of Amnesty International 5

Dr. Al-Marri Negotiations for releasing the Qatari hostages began from day One of their abduction

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Statements on the Humanitarian Crisis in Syria 7

European Union Praised the NHRC Efforts to Protect and Promote Human Rights

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Training Course on Mixed Migration in Cooperation with the United Nations

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The NHRC participates in the Doha International Book Fair 10

Exhibition of Islam and Human Rights in Tunisia 11

The NHRC celebrated the national sports day 13

Women’s Empowerment 15Summary of the Rights of Persons with Disability Book 21

AL SAHEEFAHalf Annual Magazine

Issued byNational Human Rights Committee

Issue (23) August 2017

Editor in ChiefMaryam Abdullah Al-Attiyah

Managing EditorJohara Mohammed Al-Thani

Preparation & EditingAbdulrahman S. Al-HamadiCounselor / Aly Moharram

Heba El-ShennawyDiyaa Abbas

Layout & Design

HOTLINE+974 666 2 666 3

CONTACTSEditor - Al Saheefa Magazine

P.O. Box 24204Doha - Qatar

+974 4444 4013+974 4404 8844

Human Resources Law Under the Microscope of Human Rights 40

Qatari Labor Laws (2-1) 42Awareness Platfprm..Right to Education 43

Right to Privacy 24

Study on Qatari Legislation 32

36Interview withDr. Yusuf Obaidan

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Dr. Al-Marri met with Ambassador of India

March 05, 2017

HE Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC), met with HE Mr. P. Kumaran, Ambassador of India.

The meeting discussed the various ways of developing cooperation mechanisms between the two sides.

Dr. Al-Marri met with Ambassador of Kuwait

December 11, 2016

HE Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC), met in his office with HE Mr. Hafeez Mohammed Al Ajmi, Ambassador of Kuwait to Qatar. The meeting discussed means of cooperation on issues of mutual interest and activating mechanisms for exchanging relevant experiences.

Dr. Al-Marri met with Ambassador of Canada

January 29, 2017

HE Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC), met in his office at the Committee’s headquarters with HE Mr. Adrian Norfolk, Ambassador of Canada to Qatar. The meeting discussed means of cooperation on common issues and activating mechanisms for exchanging experiences in the field of human rights.

Meetings

Dr. Al-Marri met with The UnitedNations High Commissioner for Human Rights

March 05, 2017

His Highness Prince Zeid bin Ra’ad, the United Nations High Commissioner for Human Rights, met at his office at the Palais Wilson in Geneva with HE Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC). The two sides discussed mechanisms for implementing the recommendations of the “International conference on Human rights- based approach to conflict situations in the Arab region”, which was organized by the NHRC and the Commission in collaboration with the General Secretariat of the Council of Arab Interior Ministers and the Arab Network for National Human Rights in Doha from 20-21 February, 2017.

The meeting discussed a number of humanitarian issues in the region, in addition to the legislative development and legal reforms carried out by the State of Qatar on the Labor Law. The High Commissioner for Human Rights thanked NHRC for its pioneering roles at the local, regional and international levels which contribute significantly to prevention and conflict resolution processes in the region.

Dr. Al-Marri met with the Head of The Foundation for Human Rights and Freedoms and Humanitarian Relief in Istanbul

December 6, 2016

HE Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC), met with HE Mr. Bülent Yildirim, the President of The Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH) in Istanbul. The meeting discussed means of cooperation on issues of mutual interest and activating mechanisms for exchanging experiences in all fields of human rights.

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Dr. Al-Marri met with the Chargé d’ffaires of the Nepalese Embassy

November 27, 2017

HE Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC), met in his office with HE Mr. Mani Ratna Sharma, Charge d’Affaires of the Nepalese Embassy in Qatar. The two sides discussed means of cooperation on issues of common interest.

Dr. Al-Marri met with the Secretary General of Amnesty International

February 28, 2017

HE Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC), met with HE Mr. Salil Shetty, Secretary-General of Amnesty International, at the permanent headquarters of the Organization in London. The meeting discussed means of mutual cooperation on human rights issues.


MOU between National Human Rights Committee And Education Above All December 4, 2016

The National Human Rights Committee and Education Above All foundation signed, at the Committee’s Headquarters, an agreement covering areas of cooperation between the two parties in aspects of common concern, particularly those related to the “Protect Education in Insecurity and Conflict” (EPIC) Program. The signatories were; on behalf of the Committee, the Secretary-General Ms. Maryam bint Abdullah Al-Attiyah and on behalf of the Education Above All foundation; the Chief Executive Officer Mr. Fahad Bin Hamad Al-Sulaiti.

NHRC celebrated World Human Rights DayDecember 10, 2016

Ms. Maryam bint Abdullah Al-Attiyah, Secretary-General of the National Human Rights Committee, called for the necessity to seize the occasion of the World Human Rights Day to increase the synergy of national, regional and global action to promote and uphold the timeless principles of the International Bill of Human Rights and other human rights conventions.

“The United Nations has chosen to celebrate this year’s World Human Rights Day by calling on everyone to (Defend the Rights of a Human Being),” Al-Attiyah said in her speech on the World Human Rights Day.“The responsibility to respect human rights lies in all humans,” she emphasized and added; “This slogan means that everyone has to do something and that everyone must take a step forward and defends the rights of a refugee, an immigrant, a person with a disability, the rights of a woman, an indigenous person, a child, a person of African descent or any other person who is at risk of discrimination or violence.”

Statements on the Humanitarian Crisis in SyriaDecember 19, 2016 Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee, called for emergency meetings of international and regional human rights mechanisms, including the United Nations Human Rights Council, the Arab League Permanent Committee on Human Rights and the Parliamentary Assembly of the Council of Europe, in order to take decisions in the field of protection of civilians and intervention to address the humanitarian crisis in Syria. Dr. Al-Marri also requested that the issue of protecting civilians should be the responsibility of the United Nations General Assembly, not the Security Council, in order to remove humanitarian issues in the world from political tugging and interventions (Veto Power). He also called for the need to create safe zones and corridors, lift the siege, facilitate the entry of humanitarian relief and medical assistance to the city of Aleppo, evacuate the wounded from conflict areas and provide international protection for civilians.Dr. Al-Marri called on the International Community to shoulder its moral and legal responsibilities towards what is happening in Aleppo and all the besieged cities and to work to stop the massacres and prevent their recurrence. At the same time, he gave appreciation to the humanitarian stance of the State of Qatar and its people of the crisis, which he described as disastrous in Aleppo. The State of Qatar has fulfilled its humanitarian duty by taking up historic positions to support the just causes of the peoples. The rapid response by the Qatari people came with a humanitarian aid campaign standing with the Syrian people in their crisis.

this issue. He emphasized that the return of the citizens to their country is a great achievement for those who managed this issue with diplomacy and high ability to negotiate.

He emphasized that the Qatari citizen always feels loyal to the leader of the process of development, renaissance, and has a sense of belonging to the homeland and the confidence that the leadership is working in silence in order to fulfil the achievements that history dictates in letters of light.

The National Human Rights Committee issued a press statement in the name of its Chairman, members and employees, expressing its warm complements and congratulations to His Highness Sheikh Tamim Bin Hamad Al Thani, the Emir of Qatar, and the Qatari people for the release of the Qatari nationals.

Plan to Activate MOU between Qatari and Nepalese Human Rights CommitteesDecember 18, 2016 Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee, affirmed that the issue of protecting the rights of workers is a shared responsibility of the exporting and receiving countries. The promotion, development and protection of workers’ rights can only be achieved through

effective partnerships among national human rights institutions and within the development of national preventive plans to block their vulnerability. This came during the signing of the plan to activate the Memorandum of Understanding (MOU) previously concluded between the National Human Rights Committee of Qatar, signed by its Chairman, Dr. Al-Marri and the Human Rights Committee of Nepal, signed by its Chairman Mr. Anub Raj Sharma at the headquarters of the Second Party in the Republic of Nepal.

The plan to activate the MOU between the Human Rights Committees of the State of Qatar and the Republic of Nepal stipulated the procedures and steps necessary to ensure the activation of the MOU to seek effective cooperation and partnership between the two parties.

Dr. Al-Marri: Negotiations for releasing the Qatari hostages began from day One of their abduction

Dr. Ali Bin Samikh Al-Marri, President of the National Human Rights Committee (NHRC), lauded the great efforts exerted by His Highness the Emir Sheikh Tamim Bin Hamad Al Thani and the Government to release the kidnaped Qatari nationals in Iraq and ensure their safety and return to the homeland.

Al-Marri said in a press release that this great achievement is not strange to Qatar and its leadership that puts the safety and security of the citizens at the top of its priorities. He stressed that His Highness the Emir is keen to establish peace and stability and to interact with just causes of peoples and manage the most difficult negotiations to solve the problems of wars.

Therefore, His Highness did not hesitate for one moment to provide everything that would ensure protection and safety for the Qatari citizen who is used to be provided with all the elements of dignity and safe life.

His Excellency noted that the negotiations to solve the problem of the kidnapped Qataris began from the first day of their abduction. The efforts exerted to follow-up this critical issue have continued throughout the past period until it was crowned with remarkable success, which reflected the State’s keenness to protect the rights of the citizens and their physical and psychological integrity.

As for the role of the NHRC in this case, he affirmed that the NHRC is always working to promote the right of the Qatari citizen to safety and security and the preservation of his life. NHRC followed closely and with great attention the progress of the negotiations, however the credit, after God Almighty, is due to His Highness the Emir and the competent authorities in the State, which utilized their efforts from the start to resolve

News

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European Union Praised the NHRC Efforts to Protect and Promote Human Rights March 13, 2017 Mr. Alexis Konstantopoulos, Senior Advisor to the European Union, praised the efforts of the State of Qatar in reforming the laws and legislations, which he considered to be superior to the present in countries in the region. He also praised the efforts of the National Human Rights Committee (NHRC) in protecting and promoting human rights. Alexis said during his visit to the NHRC heading the working group of the European External Action Committee to the Gulf Cooperation Council countries; “There has been significant progress in the process of reform of laws and legislation and we hope that other countries in the region to take the same steps to protect human rights.”

NHRC received students of Salah Al-Din Al-Ayubi School and Omar Bin Abdul Aziz School March 6, 2017 / March 16, 2017 The National Human Rights Committee received at its headquarters students of the Independent Salah Al-Din Al-Ayubi School for Boys as part of its educational role and its contributions to raise awareness of human rights.

The Committee also received the student council of the Omar bin Abdul Aziz School and gave an educational lecture on the various human rights fields.

Training Course on Mixed Migration in Cooperation with the United NationsDecember 26, 2016

Dr. Mohammed Saif Al-Kuwari, member of the National Human Rights Committee (NHRC), clarified that the issue of ‘Mixed Migration’ has, in recent years, created many challenges for the Arab Gulf society, which in turn has been an important motivation for further work and coordination of governmental and non-governmental efforts among the Arab Gulf countries, labor-exporting countries and international organizations working in this field, with a view to building effective mechanisms based on human rights to deal with the issue of ‘Mixed Migration’. This came during the training course organized by the NHRC in cooperation with the regional representative of the United Nations High Commission for Refugees for the Gulf Cooperation Council on (Mixed Migration and Asylum).

NHRC organized lectures on “Peaceful Coexistence Approach for Human Rights – Awareness Messages” in Cooperation with Qatar UniversityMarch 18, 2017 The National Human Rights Committee (NHRC) in cooperation with Qatar University (QU) organized a number of lectures for female students of the Faculty of Education, Department of Psychological Sciences under the title “Peaceful Coexistence Approach for Human Rights – Awareness Messages” on the occasion of the Arab Human Rights Day within the framework of joint cooperation between NHRC and QU.

A number of NHRC experts provided a brief overview of the definition of human rights and mechanisms to protect and strengthen them and the role of the NHRC in the State of Qatar in this regard. They also pointed out the meaning of coexistence and the close relationship between human rights and peaceful coexistence within countries and societies and their impact on each other, giving some practical examples of this, and explaining Qatar’s pioneering and distinctive role in this field.

News

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The NHRC participated in the Doha International Book Fair November 30, 2016

The National Human Rights Committee (NHRC) participated at the 27th Doha International Book Fair. The committee booth was visited by HE Mr. Salah Bin Ghanim Al Ali, Minister of Culture and Sports, HE Dr. Ghaith bin Mubarak Al Kuwari, Minister Endowment and Islamic Affairs, HE Mr. Jassim bin Saif Al Sulaiti, Minister of Transport, HE Dr. Issa Bin Saad Al Jafali Al Nuaimi, Minister of Administrative Development, Labor and Social Affairs, and HE Dr. Saleh Mohammed Al Nabat, Minister of Development Planning and Statistics.

Mr. Abdullah Al Mahmoud, head of Media and Public Relations Unit in the NHRC, stated that the fair provides an opportunity for all state institutions to promote their visions and goals through their publications, pointing out that NHRC as an advisory and educating institution made sure to take part in this international fair, which is one of the largest fairs in the region.

Exhibition of Islam and Human Rights in Tunisia

The National Human Rights Committee (NHRC) held the Arabic calligraphy exhibition on human rights in Islamic culture on the sidelines of the 34th session of the Council of Arab Ministers of the Interior, at the headquarters of the General Secretariat of the Council. The exhibition is inaugurated by HE Sheikh Abdullah bin Nasser Al Thani, the Prime Minister and Minister of the Interior; His Royal Highness Prince Mohammed bin Nayef bin Abdulaziz Al Saud, Crown Prince and Deputy Prime Minister and Minister of Interior of the Kingdom of Saudi Arabia and the Honorary president of the Council of Arab Ministers of the Interior ; HE Dr. Ali Bin Samikh Al-Marri, President of the NHRC; and HE Dr. Mohammed bin Ali Koman, Secretary-General of the Council of Arab Ministers of the Interior.

The exhibition was widely attended by Arab interior ministers, high-level security delegations, representatives of organizations including the United Nations, Arab League, Gulf Cooperation Council, Arab Maghreb Union, Arab States, Arab Organization

for Tourism, International Criminal Police Organization (Interpol), the United Nations Office on Drugs and Crime and Naif Arab University for Security Sciences.

On the second day, the exhibition moved to Habib Bourguiba Street in the center of the capital, in cooperation with the Higher Committee for Human Rights and Fundamental freedoms, and in the presence of HE Mr. Abdul Aziz Mohammed Al Shaikh, Minister Delegate at the Embassy of Qatar in Tunisia; HE Mr. Ahmed Adhoum, Minister of Religious Affairs, a number of intellectuals artists and media representatives.

Events

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The exhibition displayed innovative paintings of the various types of calligraphy which include Qur’anic Verses and prophetic sayings that have direct relevance to the Universal Declaration of Human Rights, and the International Conventions on Human Rights. This came in the context of ensuring closer cooperation in all areas of human rights, and introducing the principles of the Islamic religion through art. It is worth mentioning that NHRC had held this exhibition last year at the headquarters of the United Nations in Geneva, during the session of the Human Rights Council. It was also held also in the French capital Paris, and had a good acclaim.

The NHRC celebrated the national sports day February 14, 2017 The National Human Rights Committee (NHRC) participated in the sports day of the state held in Aspire Zone in the presence of senior officials. In his speech, HE Dr. Al-Marri, the President of NHRC, stated that the Emiri decree that issued in December 2011 to adopt a National Sports Day on Tuesday of the second week of February every year was considered an invitation by the wise leadership of the State of Qatar to all citizens and residents to exercise since sport is one of the major factors that maintains health, enhances emotional, mental and physical capabilities, as well as it promotes ethics. In addition, it is a universal language common to all peoples of the world.

HE Dr. Al-Marri pointed out that Qatar’s organization of 2022 World Cup was a driving force for the promotion and protection of human rights in general, and workers’ rights in particular as revealed by the recent procedures and legislative amendments. Dr. Al-Marri calls upon the competent authorities to continue promoting these rights in light of the relevant international human rights principles and standards.

The officials and staff of the NHRC have celebrated in the sports hall at the headquarters of NHRC, which was launched on the occasion of the State Sports Day in 2013.

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Al SAHEEFA Magazine - Issue (23) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar14

Women’s Empowerment “The first oppression in history is women’s oppression, which makes the destruction of the foundations of that oppression in general a necessary step to abolish all other forms of oppression”, said Roger Garaudy, the French Muslim philosopher. This statement may reflect in one way or another how deeply rooted in history the inferior view on women, where the honor of women is being violated; where they are being forced to work, they are vulnerable to violent behaviors, and their freedoms are restricted to humiliating servitude. Unfortunately, this is often seen in areas of armed conflict and wars. Perhaps the most forms of oppression are hidden and concealed in societies with human trafficking in which the policy of discrimination in jobs and other organized violations dominated. On the other hand, many believe that by focusing on women empowerment is recognition or a sign of their inferiority and weakness. This view, however, cannot be realistic because the issue about the fight of discrimination against women and other enhanced and protective mechanisms for women has been produced by a historical process and it has become a universal issue.

General framework and contexts for empowering women:There is no doubt that the empowerment of women is a modern slogan, but it is important to know that the word empowerment is not new as it originated specifically in the middle of the seventeenth century in its legal meaning and in its special relationship with the authority of the state. After a short time, the word was used in its general sense, since its contemporary use originated in the context of civil and political rights, and in the midst of the pursuit of this right to achieve political empowerment. It was soon adopted by the women’s movement, and later adopted by conservatives and social reformers in particular.

Empowerment, as a concept, often refers to the strength gained by the members of groups that have been excluded from decision-making on the basis of disability, race, sex or religion. It is often associated, as a methodology, with gender equality. And then, it soon acquired the broad current meaning when adopted and used by the United Nations institutions in early 1990. Empowerment of women became a key element in a large number of declarations and conferences such as the World Conference on Education for All in 1990, the United Nations Conference on Environment and Development in 1992, Human Rights Conference in 1993, International Conference on Population and Development in 1994, World Summit for Social and Regional Development in 1995, and the preparatory conferences for the Fourth World Conference on Women in 1995i. In this context, many development organizations, including non-governmental organizations and United Nations organizations, have adopted the principle of empowering women as their main objectives in their programs and agendas. Furthermore, the United Nations Development Program (UNDP) has developed a program on policies for women and men in development which promotes women’s empowerment in political and economic decision-making at all levels, starting from homes to government, as well as sustainable development goals and other programs. Beijing Conference in 1995 contained an agenda for empowering women to overcome various obstacles and urged governments, the international community and civil society, including non-governmental organizations and the private sector, to take action on a number of key issues, the most important of which are as follows:

1. The continuing and increasing burden of poverty on women.

2. Inequality and lack of access to health care and related services.

3. Inequality in political and economic structures in all forms of productive activities and utilization of resources.

4. Inequality between men and women in sharing power and decision-making at all levels.

5. Inadequate mechanisms for the advancement of women at all levels.ii

What does “empowerment of women” mean?The concept of empowerment applies to disadvantaged or socially marginalized groups. Women are a diverse category of individuals intersecting with all these categories, and marital and family relations were a central reason for not empowering women in a way that was not available to other disadvantaged groups. Moreover, the empowerment of women requires mainly stereotyped changes in institutions that support patriarchal structure.iii Empowerment depends on several factors: social and demographic factors, social composition, level of education, customs and traditions prevailing in society, the status of women, and the economic and political system of the country as well as environmental factors. The importance of empowering women is also highlighted by the fact that equality implies empowerment which is represented in women’s special programs and policies to eliminate inequality: Positive action / positive discrimination. Women’s empowerment is represented in education, information and knowledge, economic, social, political, legal and health status, and decision-making.iv In simple words, in a conscious society, women’sempowerment can be defined as the process by which women become individualized in the way their strengths affect their lives, thus, gaining self-confidence and the ability to address inequality between them and men. Kabeer defined empowerment as “increasing the ability of people

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Al SAHEEFA Magazine - Issue (23) - August 2017

Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar

to make strategic choices in their lives in an area where this capacity was previously unavailable.v This widely recognized definition includes two key elements:

First: Empowerment is a Process. i.e., any change from the state of non-empowerment,

Second: it involves the presence of choices and the ability to make a difference as the choice necessarily entails alternatives that are embodied in a set of options.vi

First choicesThey involve those strategic decisions in life such as living arrangements and decisions regarding marriage, fertility and reproduction.

Second choicesThese have less influence on people’s lives.

Women between discrimination and empowermentUndoubtedly, the process of empowerment came as a response to discriminatory practices against women in the form of programs and strategies that build and increase women’s capacities and opportunities, and their understanding of their human rights. It also gives priority to initiatives that seek to create conditions for women to be responsible for their own development, empowerment and rights. Empowerment also involves the capacity for adequate change in development initiatives and highlights ways in which women can create their own space for work and action.vii

Definitely, there are still many practices and manifestations of discrimination against women, by the state, society or individuals. Civilized society differs from the stagnant society in their vision of the status of women. That’s to say, in the view of the former; they enjoy social and legal existence, and have a full presence in societies that have reached a great cultural status, or to varying degrees, according to the extent of cultural access of human societies. This presence is completely obliterated in stagnant societies, which are very similar to those in their early stages.viii Hence the importance of empowering women, which, according to the dialectic of justice or equality, it moves towards the establishment of justice, which requires the creation of mechanisms that will enable women to take the initiative and to gain awareness of their rights and meet their community needs that may have been deprived of under any circumstances.

Dimensions of Empowerment:

ResourcesThis includes various human and social resources that increase the ability to choose. They constitute the conditions within which the choice is made.

First-class choices Second-class choices

Choices of strategic decisions in

life such as living arrangements,

decisions on marriage, fertility

and reproduction.

Choices that are the least influ-ential in people's lives.

Therefore, resources can provide an enabling or unfavorable environment for women’s empowerment.

The ability to make a difference:It is the ability to define one’s goals and, then, work to achieve them. It is the essence of the empowerment process through which it can be implemented, and which may be positive or negative: “Internal Force”.

Achievements: These are the outcomes of choices.

Empowerment Levels:Empowerment has multiple levels each affects the lives of women on the one hand, and they interact with each other on the other. Failure to recognize this fact and deal with it can lead to misleading results during analysis. Women can be empowered in one area of life without other areas; empowering women in one dimension does not necessarily entail empowering them in other areas. With regard to practical measurement of empowerment, it is difficult to completely separate the different dimensions. For instance, many aspects of economic or social

empowerment intersect significantly with family dimensions. Because of this multiplicity in dimensions, attention must be paid to build up even the dimension of indicators/indices or to monitor the variables related to empowerment. A single indicator is not usually sufficient for a given dimension of empowerment. ix

Enabling levels include: family, community, market, state:

1. Family LevelThis implies gender-based division / bias in resources and labor, access to health and / or educational services and restrictions on movement, weak role of decision-making, and the view ofwomen’s reproductive and sexual capacity as a private property of the family of which women do not have the ability to have a say on it.

2. Society LevelThis implies class bias affecting women in particular and social beliefs, customs and practices that discriminate against women in their reproductive and sexual rights.

3. Market LevelThis is divided into several sections where there is discrimination on the basis of sex in land ownership and employment, and credit services, technology and other resources.

4. State LevelThis is represented by institutional and legal systems or practices at the state level and government programs.x

Empowerment Indicators:It is important at the end of this booklet to say that gender equality is essential but it is not sufficient to ensure empowerment. It creates the empowering environment in the empowerment process but does not guarantee the empowerment which is not materialized with only having an access to resources, but with the availability of strategic

decision-making capacity, self-control and decision-making that affect important life outcomes. Perhaps this leads us to developing indicators that will measure the extent to which women are empowered in every particular community or in each country. We will try to provide some indicators that have been divided into indicators of empowerment in three areas: political, social and economic.

First: Political Empowerment1) Percentage of women in local councils and decision-making

centers.

2) Percentage of women in the civil service.

3) Percentage of women registered for voting and election.

4) Percentage of women entitled to vote of both sexes.

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5) Percentage of women in Parliaments and the House of Representatives.

Second: Economic Empowerment1) Change in the ratio of employment rates.

2) Participation of family members in housework and child care.

3) Difference in salaries and wages between women and men.

4) Percentage of ownership.

5) Percentage of expenditure on health and education.

6) Percentage of opportunities available for women to develop their technical capabilities such as technical services.

7) Services provided by government or non-governmental sources.

Third: Social Empowerment1) Number of women in civil society organizations.

2) Comparison of women in decision-making positions with the total number of individuals.

3) Projects and official and non-official circles.

4) Making a decision regarding reproduction.

5) Freedom of movement internally and externally compared to men.xi

i - http://d1ut5qew9qw9tl.cloudfront.net/app/media/693

ii - 127.pdf-123-http://maktabatmepi.org/sites/default/files/resources/arabic/Anera6

iii - Shanti et al., 2008 Research Center, "Fighting Violence Against Women and Children: Secondary Analysis of Violence against Women”, from the Empowerment of Social Women Study, American University in Cairo, Egypt.

iv - National Population Policy Committee, Iraq Office: Empowerment of Women- Supporting Environment and Supportive Culture, p 17.

v - Kabeer.N. .(2000). « R eflections on the measurement of women’s Empowerment». Discussing women’sempowerment – theory and practice». Institute of Development Studies (IDS). UK

vi - National Population Policy Committee, Iraq Office: Empowerment of Women- Supporting Environment and Supportive Culture, p 17.

vii - Khalil Naimat. Women Empowerment, Anera Foundation.

viii - Abdul Hamid Al-Shawarbi, Political Rights in Islam. Knowledge Establishment in Alexandria, 2003, p 11.

ix - Malhotra. A . and Schuler. S.R. ( 2005). “Women’s Empowerment as a variable in International development in Narayan. D. (ed.) Measuring empowerment: Cross-disciplinary perspectives. World Bank.

x - Sen. G . and Batliwala. S.. ( 2000). «Empowering women for reproductive rights». Women’s empowerment and demographic process es. moving beyond Cairo.

xi - Khalil Naimat. Women Empowerment, Anera Foundation.

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Al SAHEEFA Magazine - Issue (23) - August 2017 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar20 21

NAME OF BOOK: RIGHTS oF PERSoNS WITH DISAbILITIES

WHAT IS THE INTERNATIoNAL CoNvENTIoN oN PERSoNS WITH DISAbILITIES ?

NAME OF AUTHOR: Rania Fouad Jadallah

LEGAL ExPERT NATIoNAL HUMAN RIGHTS CoMMITTEE

The issues of persons with disabilities have become widely recognized by many countries and international organizations as they turned to be one of the most important pillars of the global human rights. The scope of care and rehabilitation offered to these groups is not only a challenge for countries to provide care for a segment of their population, but is one of the basic criteria for measuring the extent of urbanization and the progress of societies and their place within the international community, stressing that attention to this category should not be based on the idea of charity and compassion, but on the basis of what should their rights recognized in international conventions and all religions.This has created the belief and conviction of States that a comprehensive and integral international convention to protect and promote the rights and dignity of persons with disabilities will make a fundamental contribution to the prevention of the extreme social disadvantage of persons with disabilities and will encourage their participation in civil, political, economic, social and cultural fields on the basis of equal opportunities, whether in developing countries or developed countries.The United Nations issued the International Convention on the Rights of Persons with Disabilities and entered into force on 3 May 2008. The State of Qatar acceded to this Convention on 15 March 2008. Qatar’s ratification of this Convention reflects an increasing interest in the category of persons with disabilities, and a sincere will towards providing the necessary protection for this category of the most favored groups to be cared for.

Based on the Committee’s objectives in promoting and protecting human rights in general and the rights of persons with disabilities in particular and in recognition of the present and expected contribution to the development and progress of society if given full opportunity to participate fully and effectively in society and try to overcome difficulties and the desire to enlighten people with disabilities about the rights they should enjoy, NHRC considered the need to define, even in a simplified form, the rights of persons with disabilities, as follows:

First: Introduction.Second: An overview of the situation of persons with disabilities.

Third: Questions and answers on the nature of the Convention and its rights.

Fourth: Annex (1) on some models of the challenge of disability.

Fifth: Annex (2) on the rights of persons with disabilities in Islam.

The book reviewed the most important aspect of the Convention, namely, the view of disability as the result of interaction between the individual and an inaccessible environment, not as an inherent characteristic of the individual, and replaced the old “medical model” of disability

SUMMARY OF THE RIGHTS OF PERSONS WITH DISABILITY BOOK


Convention to the fact that the State must identify one or more focal points within the Government dealing with matters related to the

implementation of this Convention, such as the appointment of a “Coordinator in Government”.It must also form or establish a framework within the State, i.e., one or more independent national mechanisms, as appropriate, to promote, protect and monitor its implementation. “To be established along the lines of the Paris Principles on the Status and Methods of Work of National Institutions for the Protection and Promotion of Human Rights”.The Convention was established an international mechanism to control and monitor the compliance of State parties with the provisions of the Convention. This mechanism is the Committee on the Rights of Persons with Disabilities and is referred to as the Committee. The Committee consists initially of 12 experts upon entry into force of the Convention and, ultimately, 18 experts at the time of the accession of the sixtieth State. They will serve for four years in their personal capacity and not as representatives of Governments. Although they may be re-elected once, the term of office of six elected members in the first election expires at the end of two years. In addition, it is the State›s obligation under this Convention to submit a comprehensive initial report within two years from the date of accession to the Convention, together with quadrennial reports or whenever requested by the Committee. These reports show the extent to which the State has responded to the work in conformity with the provisions and requirements of the Convention.The Committee will make its observations and recommendations on each report and may ask States to provide further information. In addition, the Committee may from time to time make general comments on the interpretation of the provisions of the Convention.We mention that the Convention was

supplemented with an optional protocol giving individuals the right to file complaints with the Convention’s monitoring body, after having lodged a complaint with their Government without success. The Optional Protocol becomes effective on the thirtieth day after the deposit of the tenth instrument of ratification. The Committee hopes that the State will ratify this Protocol.In addition, a first annex addressed “some models of the challenge of disability”: People, who despite their disabilities, managed to have their names mentioned throughout history and to excel, be creative and prove their abilities. Among them was Helen Keller (Miracle of Humanity), Taha Hussein (Conqueror of Darkness), the rebellious poet Bashar Ibn Bard, the sportsman Osama Shankiti who achieved what his healthy fellow citizens failed to do in “Beijing 2008”, President Franklin Roosevelt and the musician Beethoven.Finally, in Annex II, we briefly discussed the rights of persons with disabilities in Islam. We explained that Islam came more than fourteen centuries ago with the principles of justice, equality and non-discrimination among all human beings. There is no difference between an Arab and a foreigner except with piety and good deeds. Islam cares about the rights of the most vulnerable groups, among which are the people with disabilities and Islam gave them their rights in full awesome humanitarianism, beautiful forbearance and from the perspective of the right and not from the perspective of compassion and charity, and it made them live in the community as successful individuals, even some of them reached becoming a success story to be followed.. Islam has not only limited its humanitarian appeal to the disabled, it extended the scope to include patients in general. A patient, whatever his illness may be, managed to avail himself under the banner of Islam; this carries compassion, mercy and goodness, and respire the fragrance of life in pride and dignity in the Muslim community.We hope that this work will contribute to the realization of the rights of persons with disabilities to all, and to state the obligations of States towards persons with disabilities in all areas and the mechanisms of their protection, as well as to increase the awareness of persons with disabilities about their rights and work on their practice in reality.

Rania Fouad JadallahLegal ExpertNational Human Rights Committee

with a social model based on the fact that

society “impedes” persons with disabilities to exercise their human rights as citizens.The Convention aims to “promote, protect and ensure” the enjoyment of all persons with disabilities of all human rights and fundamental freedoms and to promote respect for the inherent dignity and autonomy of persons, including the freedom to make their own choices and in full independence, to eliminate all forms of discrimination, to ensure full and effective participation and involvement of persons with disabilities in society, have respect for differences and acceptance of disability as part of human diversity and human nature, to have equal opportunities, to achieve access, equality between men and women, and respect for the evolving capacities of children with disabilities and respect for their right to preserve their identity.

We noted that the Convention is a comprehensive human rights treaty covering social, cultural, economic, political and civil rights through the provision of all human rights based on a general rule that all persons with disabilities are equal and have an equal right to protection and benefit provided by law. It also prohibits all forms of discrimination based on disability.

These include (raising awareness of the rights of people with disabilities), (right to accessibility), (the right to protection in situations of risks and humanitarian emergencies), (the right to recognition of persons with disabilities everywhere as persons before the law and in the enjoyment of legal capacity), (the right to access to justice), (the right to freedom and security of the person), (the right not to be subjected to torture or to cruel or inhuman treatment or punishment), (the right to be free from exploitation, violence or abuse), (the right to protection of personal safety), (the right to freedom of movement and nationality), (the right to independent living and inclusion in society), (the right to personal mobility), (the right to freedom of expression, give opinion and access to information), (the right to have respect of privacy), (the right to have respect of home and family), (the right to education, health care and rehabilitation), (the right to work and employment), (the right to an adequate standard of living and social protection), and (the right to participate in political and public life and to participate in cultural life, entertainment, leisure and sports activities). The Convention calls on countries to encourage participation in cultural life, leisure, recreational and sports activities by ensuring that television programs, films, theater, cultural materials can be accessed in accessible formats, and by providing access to theaters, museums, cinemas and public libraries to persons with disabilities to develop and use their creative energies not only for their own benefit but also for the enrichment of society.In view of the many marginalization and discrimination experienced by some groups throughout history, the Convention included specific provisions for children, women with disabilities, guaranteed equal rights, advancement for women and girls with disabilities (Article 6) and the protection of children with disabilities (Article 7).The Convention stressed that the State must begin to develop a comprehensive plan involving all State organs and civil society organizations in order to put these rights and obligations into practice and ensure that these groups enjoy their rights.The Convention sets out a set of obligations for States parties under which the States undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.We mention the reference in Article 33 of the

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Right to Privacy: In International Human Rights Law and Qatari Law

Protecting the Right to (Private Life),Respect for Human Dignity

(Privacy) in International Law of Human RightsA number of international human rights instruments have guaranteed (the right to privacy) for different purposes and trends, as described below:

First – International bill of Human RightsThe Universal Declaration of Human Rights states in Article 12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” A similar provision was also contained in the International Covenant on Civil and Political Rights (Article/17).

Second - Convention on the Rights of the ChildIn the sense of Article (16/1) that stated (No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, or to unlawful attacks on his or her honor and reputation).

Also as provided for in Article 13 (The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, and the exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary for respect of the rights or reputations of others).

Third - optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornographyArticle 8 of the Protocol provides for a commitment of States to protect the rights and interests of child victims of such practices at all stages of criminal and judicial proceedings, including a package of guarantees, including those contained in paragraph (e), as follows:

(Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims).

Fourth - Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational organized Crime, 2000It guaranteed the protection of the right of victims of trafficking in persons to (privacy) in Article 6; Paragraph 1, which states:(In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such trafficking confidential). And in Paragraph 2 (a), which gave States another obligation to take into account the victims and that is through:

It can be said that the (right to privacy) or (the right to private life) is one of most close to being a (personal) right, where the concept is to respect everything related to the inviolability of the individual’s private life, including his or her own, family, housing, correspondence, and anything that he/she is careful not to expose to others, or be circulating through the media and via communications, whichever they may be.

The sanctity of private life stems from the idea that its maintenance is part of the human dignity of individuals. Our Islamic law, as part of its promotion of the human value and dignity of human beings, has necessitated the observance of privacy by the Almighty saying: “ do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? “ Surah Al-Hujrat/12)

The Almighty said: “O you who have believed, do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded” (Surah Al-Noor/27)

Not to mention that this issue has taken an important place in the international system of human rights and the national legislation and codes of conduct governing professional behavior in the fields of media, medicine, security, etc., in that the media may make the publishing of private matters a source of sensationalism, wide promotion and even profit. Here, the media turns its constructive approach to the development of societies and the building of homelands into a profitable and illegal industry.

On a related field, medical professionals and those in the security field may be allowed by virtue of the nature of the profession and their performance to be aware of the social, psychological, family and health secrets of the patients, the accused and the victims.

Then the private life, dignity and personal consideration of all these groups of people in the face of their families and their social

Osama Thabit Al-AloosyHuman Rights Management ConsultantExpert in International Law for Human Rights

surroundings, also, their future and the prospects of their professional and public progress, will be a sacred trust in the hands of those in the fields of employment and service previously mentioned.

Perhaps what makes (the right to privacy) increasingly interesting is this enormous revolution in communications and information technology, which, as much as it narrowed the distances between individuals, communities and institutions, met the need of all for communication and cultural, intellectual and information exchange, has sometimes become an insecureenvironment and a threat to national cultural identities, and a harmful breakthrough for family cohesion and private protections. This is additional to other images of violation of (the right to privacy), where (private matters) have become vulnerable to violations for reasons of political conflict and others concerning market dominance in the context of economic globalization.

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Principle 7 – Security: Appropriate measures should be taken to protect the files against both natural dangers, such as accidental loss or destruction and human dangers, such as unauthorized access, fraudulent misuse of data.

Principle 9 – Trans-border data flows: When the legislation of two or more countries concerned by a trans-border data flow offers comparable safeguards for the protection of privacy, information should be able to circulate as freely as inside each of the territories concerned. If there are no reciprocal safeguards, limitations on such circulation may not be imposed unduly and only in so far as the protection of privacy demands.

However, an exception may be made in respect of the application of these principles if the purpose of the file is to protect the fundamental rights and freedoms of the person concerned or humanitarian assistance, with each organization having to designate the competent authority legally to monitor observance of these guidelines.

Tenth - Declaration on HIv / AIDS: Meeting of Heads of State and Government at the 26th Session of the General Assembly, 25-27 June 2001A number of constraints and challenges to the efforts of States to combat the epidemic, specifically in paragraph 13, were noted by participants at the meeting that (stigma, discrimination and lack of confidentiality can undermine prevention, care and treatment efforts and increase the impact of the epidemic to individuals, families, communities and nations and must be addressed).

Accordingly, participants in this meeting pledged in article 52 of the Declaration (there is a necessity to expand access to medical counseling and testing services while ensuring confidentiality for infected persons).

Eleventh – Regional InstrumentsIncluding the European Convention on Human Rights and the Arab Charter on Human Rights, which included provisions similar to those contained in the International Bill of Human Rights on the Protection of the Right to Private Life - Article 8 of the Convention and Article 22 of the Arab Charter.

As long as we are in the process of putting the issue within the framework of the League of Arab States, it is useful to refer to the Code of Conduct of the Arab Security Man issued by the Council of Arab Ministers of the Interior on this issue, specifically in Article 14, which came under the title (Maintain Confidentiality), as follows: (Security personnel shall maintain confidentiality of matters of a confidential nature unless the national interest otherwise requires, as necessary, national legislation, performance of duty or requirements of justice, and this obligation shall also exist after termination of employment).

National Approach to Protecting the Right to PrivacyThe Constitution of Qatar and a number of legislations guaranteed the right to privacy explicitly, as follows:

First – Placed the issue in the Constitution:Article 37 states: (The sanctity of the individual’s privacy shall be inviolable, and therefore interference in a person’s privacy, family affairs, home or correspondence, or any other act of interference that may demean or defame a person, shall not be allowed, save as permitted by the provisions stipulated in the Law.

Second – Placed the issue in the Criminal Procedures Law no. 23 of 2004It can be said that the controls and requirements of Articles 75 and 76 of the criminal Law on regulating search of residence and Article 77 of the Law on the Control of letters, mails, prints, parcels, and telegrams, tap wire or wireless conversations,, for the purpose of detecting crime, are evidence of the privacy of individuals. The fact is that these procedures are subject to the authorization of the Office of Public Prosecution, and that the order of their exercise is governed by a set of conditions that are expressed by the wording of the said articles, in particular Article 76, which states:

(Without prejudice to the provisions of the search of residence provided for herein, the following conditions shall be considered:

1 - The Public Prosecution shall specify in the search warrant the parts of the residence to be searched and whether it includes the entire dwelling and its extensions or specific parts thereof.

2 - The search of female sections in the residence shall be conducted by a female, as prescribed in Articles 48 and 55 herein.

3 - Religious values, customs and traditions prevailing in the society

shall be respected). Noting that Article 55 states: (If there are some women in the residence, and if the entry of that residence is not for the purpose of arresting or searching these women, the officersincharge of such search must respect the traditions in treating them and give them time to put on their veils or leave the residence and are offered all reasonable assistance that does not negatively affect the search and its results).

Another aspect of the protection of privacy is embodied in Article 51, which reads as follows: (The criminal investigation officer may not open sealed or closed documents found in the residence of the defendant. A statement to this event is recorded in the minute and is submitted to the Public Prosecution).

This is in addition to what is stated in Part Two (Trial Proceedings), Article (187) on the possibility that the trial sessions are confidential, in respect of the privacy of the (litigants), which reads as follows:

(A court hearing is public, unless provided otherwise by the law or considered by the Court or upon the request of any of the litigants that it should be a closed hearing to preserve the public order or with respect to the decency or the dignity of the family, and the court may organize the appearance in the hearing if necessary. The media shall not perform any task in the hearing, unless following an authorization by its chairperson.

(To assist them in presenting their views and concerns and taking them into account at appropriate stages of criminal proceedings against offenders, without prejudice to the rights of the defense).

Fifth - Declaration on basic Principles of Justice for v ictims of Crime and Abuse of Power, 1985This Declaration guarantees the right to privacy of victims of crime in A /victims of crime/ and under the heading (Access to Justice and Fair Treatment) and through Article 6/D, which states that it is

one of the judicial and administrative procedures in the context of responding to the needs of victims.

(Taking measures aimed at minimizing the inconvenience of the victims and protecting their privacy when necessary, ensuring their safety as well as the safety of their families, witnesses and those coming forward for them from fear and reprisals).

Sixth - International Documents on the Conduct of Law Enforcement and Administration of Justice PersonnelThese include (The code of conduct for law enforcement officials, the standards of action of the Public Prosecution Office, the principles of the independence of the judiciary and those relating to the role of lawyers). Article (4) of the Code states: (Matters of a confidential nature in the possession of law enforcement officials shall be kept confidential…)

The following was contained in the commentary of the Code: (Law enforcement officials obtain information which may relate to private lives or are potentially harmful to the interests, and especially the reputation, of others, Therefore, great care should be exercised in safeguarding and using such information…)

It seems that the same wisdom behind the adoption of the principle of confidentiality in this Code is the same as that which can be interpreted as authorizing (The Principle of Confidentiality and Professional Immunity) in article 15 of (the basic Principles on the Independence of the Judiciary, adopted by the General Assembly in December 1985), thus, as well as that provided for in (the United Nations Standards on the Role of the Attorney-General adopted by the Conference on the Prevention of Crime and the Treatment of offenders, held in Havana from 27 August to 7 September 1990) article 13/C on the obligation of Prosecutors to perform their duties by maintaining confidentiality of

issues entrusted to them.

This is in addition to what was stated in (the main principles about the role of lawyer) issued by the same Conference under the title (Guarantees for the performance of lawyers), item 22, which states: (Governments shall ensure and respect the confidentiality of all communications and consultations between lawyers and their clients in the context of their professional relations).

Seventh - Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations Congress on the Prevention of Crime and the Treatment of offenders of 1955Where the recognition of this document of the principle of protection of the right to privacy of a child in prison conditions in terms of rule 23 (a) (can be seen in the prisons of women where it is necessary to make arrangements to get children to be born in a civilian hospital. If the child is born in prison, this should be mentioned in his birth certificate…)

Eighth - Declaration on the Use of Scientific and Technological Progress in the Interest of Peace and the Benefit of Humanity, adopted by the General Assembly of the United Nations in 1975At the outset of this Declaration, the General Assembly, noting that scientific and technological progress has become one of the most important factors in the development of human society and has provided increasing opportunities for the improvement of the conditions of peoples and nations, on the other hand, may in many cases create social problems, and a source of threats to individual rights and fundamental freedoms.

In this context, Article 6 of the Declaration stated: (All States shall take measures to extend the benefits of science and technology to all strata of the population and to protect them, both socially and materially, from possible harmful effects of the misuse of scientific and technological developments, including their misuse to infringe upon the rights of the individual or of the group, particularly with regard to respect for privacy and the protection of the human personality and its physical and intellectual integrity).

Ninth - Guidelines for the Regulation of Electronic Data Files Prepared by the United Nations General Assembly, December 1990This document contains principles that provide minimum guarantees for the integrity of the lawfulness of information and data on persons and to avoid their use for purposes contrary to the purposes and principles of the Charter of the United Nations, for as well as the principles of legality, integrity, health and non-discrimination, there were principles contained in this document that guarantee the protection of the private life of individuals and ensure the accuracy of their personal data, and these are as follows:

Principle 4 - Access of the persons concerned to the files: (Everyone who offers proof of identity has the right to know whether information concerning him is being processed and to obtain it in an intelligible form, without undue delay or expense, and to have appropriate rectifications or erasures made in the case of unlawful, unnecessary or inaccurate entries and, when it is being communicated, to be informed of the addressees. Provision should be made for a remedy, if need be. The cost of any rectification shall be borne by the person responsible for the file).

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1. opening other people’s mail

2. Eavesdropping/tapping into others’ phone conversations

3. Recording and spreading private conversations carried out in private spaces by any device.

4. Taking photos and videos of a person or people in a private setting by any device.

The person will be penalized if they also use these photos and videos with the intention of harm and damaging the reputation /name of people.

Fourth – Law no. 8 of 1979 on Publications and Publishing:Chapter 4 of it deals with matters that are forbidden to be published, and as far as ensuring the right to privacy is concerned, it is stated in Article 47, paragraphs (h) and (k), that:

(h) All that may contradict with the ethics or imply offense to the public morals, or affect the dignity of persons or their personal liberties.

(k) All that may undermine the reputation of a person, his patrimony or his commercial name or for defaming him or making him pay money or present a benefit to a third party or deprive him from initiating his activity.

Noting that the same Law punished the acts stated in (h) with imprisonment of a period not exceeding six months and a fine not exceeding three thousand Riyals. Also, it punished acts stated in (k) with imprisonment not exceeding one month and a fine not more than one thousand Riyals, or one of these punishments.

Fifth - Military Service Law No. 31 of 2006: The law affirms that one of the important rules for the professional performance of a (member of the police force), which includes the concept of “military”, is to preserve the social secrets of individuals who are available in the context of performing the security function, in the sense of Article (72) Paragraph (3), which ruled (A military person shall not disclose any information related to his work, an obligation which shall continue after the end of his service). Noting that the same Law subjected a military person who commits any of the prohibited acts stated in the above Article to disciplinary responsibility and without prejudice to the establishment of civil or criminal proceedings against him if necessary, under Article (73) thereof.

Sixth - Cybercrime Prevention Law No. 14 of 2014This Law came as a conscious legal response to the challenges posed by the digital revolution in the field of security and human rights, including the right to privacy and respect for the social value system. The law punishes anyone who used the information network or one of the means Information Technology to be imprisoned for a period not exceeding three years and a fine of no more than one hundred thousand (100,000) Riyals or one of these punishments, when: • Infringement of any social principles and values.• Or the publication of news, images, audio or video recordings relating to the inviolability of family life (Article 8).

Seventh - Law No. (13) of 2016 on the protection of the Privacy of Personal Data:

Here, the Qatari legislator goes further in keeping up with the ongoing scientific developments in the field of information and communication technology and its negative impact on the private life of individuals and the need to confront them. Without exaggeration, this law is in line with the 1990 guidelines for the regulation of computerized personal files above.

The collection of personal data for legitimate purposes is usually done by the operator of the website, since users of that site or its visitors may benefit from it, including that, the operator offers certain products or services through it.

The second chapter of the law is devoted to the rights of individuals, where it is appropriate to highlight Articles 3 and 5 to clarify the substance of this law in the context of our research effort. Article 3 states: “Everyone has the right to the protection of the privacy of his or her personal data and that these data are not allowed to be processed but in the framework of transparency, honesty, respect for human dignity and accepted practices in accordance with the provisions of this Act”.

Article (5) regulates the potential of the individual concerned at any time to protect his personal data that has already been provided to the website that provides the required services, including:• Withdraw his prior consent to process his personal data.• Object to the processing of his or her personal data if it is not necessary to achieve the purposes for which it was collected.Request that his personal data be deleted or omitted in the cases referred to in the preceding two items.

Eighth - Standards and Charters for Professional Conduct:In addition to the above-mentioned laws that ensured the protection (of the right to privacy), it is appropriate to note the availability of guidance documents for specific categories of workers in the different sectors of the State, which can be viewed as supporting documentation of the relevant laws, to facilitate the implementation of its provisions, spirit and the essence of its objectives, including:

1. The document, entitled “Ethics of the Security Function, Moral, Professional and behavioral Standards for Policing” issued by the Police Training Institute / Center for Leadership Development (LDC).

Where it was titled (Images of Professional and behavioral values), that among these values:(Preserving Secrets: A police officer must be honest about the secrets of the people and what they reserve for themselves,

The media shall not perform any work in the hearing, unless in accordance with the permission of its Chairperson)

Third - Considering breach of the Right to Privacy as a Separate Crime (Placing the issue in the Penal Code) No. 11 of 2004This issue finds expression in Part Two (Crimes against Human Liberty and Sanctity) of the Penal Code, which punishes the following acts:

1. Violation of Residences and Other’s Properties: • Whoever commits trespass by entering into residential premises, or at premises intended for residential purposes or

annexes thereof or a place for custody of property, without the consent of the owner or is contrary to the stipulations of the law, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding five thousand Qatari Riyals (5.000QR), or one of these two penalties. The penalty shall not exceed five years if the crime happens at night through breaking, trespass, if the offender is armed, or the crime is committed by more than two people or the person assumes a fake identity or falsely claims to be performing a public duty. • (Article 323).Whoever legally enters into or upon property in the possession of another and stays therein after executing the original purpose for which he entered, shall be liable to imprisonment for a term not exceeding one year in prison and a fine not exceeding five thousand Qatari Riyals (5.000QR) or one of these two penalties.

• (Article 324). Whoever threatens to hurt someone or to damage their wealth or reputation, or to hurt someone and distort the reputation or wealth of someone in whom they have a vested interest, whether the threat is orally or in writing or through acts intended to hurt someone or distort the reputation and wealth by coercing the victim to commit or omit an act, shall be liable to imprisonment for a term not exceeding three years in prison and a fine not exceeding ten thousand Qatari Riyals (10.000QR), or one of these two penalties. The perpetuator shall be punished with imprisonment for a term not exceeding five years If thethreats involve death threats.

2. (Article 325). Whoever spreads news, photographs or comments related to a person’s private life, or that of his family, even if true shall be liable to imprisonment for a term not exceeding a year in prison and a fine not exceeding five thousand Qatari Riyals (5.000QR), or one of these two penalties.

• (Article 331). Whoever, knowingly and illegally divulges a secret entrusted thereto in his official capacity, trade, profession in conditions other than those prescribed by the law or uses it for his personal benefit or for the benefit of another person, without the consent of the

person concerned with the secret, shall be liable to imprisonment for a term not exceeding two years in prison and/or a fine of no more ten thousand Riyals (QR 10.000).

• (Article 332).Whoever illegally intrudes into another person’s private life and without their consent through one of the following means, shall be punished by imprisonment for a term not exceeding one year in prison and/or a fine not exceeding five thousand Riyals (QR 5.000):

1- Opens a letter or telegram against the will of the addressee or eavesdrop on a telephone conversation.

2- Records or transmits conversations that take place in a private place or through any type of device.

3- Takes or transmits somebody’s photographs or photographs of other persons in a private place using any type of device.

• (Article 333). ‘There are changes to Law 11 of 2004. It is being exchanged/amended with Subject 333 below:

A person will be punished for up to 2 years in jail and made to pay a fine of QR 10,000 if they invade/attack someone’s privacy without consent as pertaining of the law.

These include:

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not to expose them, publish them, inform others, or take a threatening approach in order to obtain confession or to reach another goal).

That as well as other forms of compliance with the law, respect for the rules of the profession (discipline), impartiality, justice, patience, restraint, patience, courage and others.

2. Charter of Rights and Responsibilities of a Patient and His Family: issued by Hamad Medical Corporation (HMC), which can be seen as a guideline that embodies important aspects of the ethic of medical and health personnel and their responsibilities in facing their patients.

Among the rights included in the Charter, in addition to what has been said about (access to care, medical research, safety and security, quality of services, etc.), was detailed in 5/1 regarding the patient’s right to (privacy and confidentiality), which included, inter alia, a number of items:• Ensure privacy during clinical examination and treatment.• Not to see the medical file of the patient except by the personsdirectly concerned and authorized to do so.• All medical records of the medical care of the patient shall be treated in strict confidence.

General Conclusions:From the above we can conclude the following basic perceptions:1. That the tools and mechanisms of infiltrating the lives of individuals can be developed by social, security and technical developments.2. In its approach to regulate the protection of private freedoms and the right to privacy, the Qatari legislator was in line with relevant international human rights standards and the challenges posed by the digital revolution in the face of private life and family cohesion.3. the right to privacy is not an absolute right, where limitations and restrictions of requirements to achieve criminal justice or public interest, can only be determined by law.4. The right to privacy as it relates to life of individuals and their families should be distinguished from the right to privacy as it relates to the national community. Here we will be faced with the necessity of protecting identity and preserving the cultural and civilizational identity of society, which falls within the (right to cultural diversity).5. That the law is not the only mechanism to protect (the right to privacy), but must be combined with the efforts to raise awareness, monitoring, control and suppression of violations, which can be risen under the social responsibility of all law enforcement and criminal justice bodies, frameworks of education, culture and communication, transportation and communications-based organs, civil society organizations, social networking forums, youth centers and others.6. In line with the previous paragraph and the recent relevant legislation, more codes of conduct, training and capacity-building activities are needed for staff in communications, media, medicine, security, clubs and youth centers to respect the right to privacy and to contribute effectively to any breach.

Hereafter: Respect for private life remains, in principle, an indicator of urbanization, voluntary discipline, and respect for the law, understanding of the limits of behavior, and the promotion of human behavior… God has intended the path.

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One of the primary duties of judicial officers is to prevent crime before it occurs. This is considered to be the supreme duty of a Police officer. In order to achieve this goal, the Police have been given a set of legal powers to enable them to carry out the responsibilties entrusted to them. One of the most important of these powers is the requirement to stop of individuals and vehicles. It goes without saying that this measure limits and restricts the freedoms of individuals, even for a short period of time. Therefore, because of the importance of this subject, whether for the Policeman or the ordinary individual, I have preferred to address it and explain its features clearly and briefly, beginning with the definition of the concept of personal freedom, moving on to addressing this procedure from the following aspects: defining Police stops, its legal basis, the conditions of its exercise and the governong rules, and the consequent legal effect.

We will divide this subject into two parts; in the First Section, we address the definition of Police stops and the legal basis for it. The Second Section is allocated to the related conditions and governing rules.

Definition of Personal Freedom: The British jurist Sir Alfred Denning defined person-al freedom in his book; liberity and Law as: “By personal freedom I mean the freedom of every law-abiding citizen to think what he will, to say what he will, and to go where he will on his lawful occasions without let or hindrance from any other persons”1, and the most com-prehensive definitions of personal freedom is the definition given in the book “The Good Guide” by Refaa Al Tahtahawi, which was published in 1872, in which he said: “Freedom is printed in the heart of man, out of instinct, which is a license for licit work without any objection or prohibited opposition. The rights of all people in a society are to be free ; Every member of this body is free to move from house to house, form one destination to another without forced coercion, and to be able manage himself, his time and his work, withouit any preventions but those limited impediment to Sharia or policy, which necessitates the foundation of society. One of the rights of civil liberty is that a person is not to be exiled from his country, or punished except in accordance with lawful ruling, and not silence his opinion on anything provided in his speech or writing as long as there is no violation of the laws of his

country.freedom is divided into five parts; natural freedom, behavioral freedom, religious freedom, civil freedom and political freedom2.

Therefore, the freedom of a person can not in any way be an absolute freedom that is not limited, but is to be restricted by what society regulates through the legal rules that are accepted upon mem-bers of the society and legislative authority. The general basis and rule is that freedom is not subject to any restrictions except those provided by law, and for the benefit of society. It is therefore agreed in the Arab and Western Jurisprudence that personal freedom: “The right of a person to move freely wherever he wishes, to accept or reject any action he wishes, to reside wherever he wishes and to live the life he desires, provided that he does not violate the law of the country in which he lives3.

Police stops:

Police stops are conducted by a public authority as a means of investigating crimes and exposing perpetrators that is ration-alized by suspicion justified by circumstances. This procedure is permissible to the public authority if the person in question put him-self voluntarily and on purpose in a situation that brings suspicion and mistrust and this situation indicates the necessity or requiring the inter-vention and investigation, to reveal the truth4.

Police stops is defined as: “Merely stopping to challenge a passerby when necessary due to presence of sufficient grounds for questioning his or her name, occupation, address and destination, and any such data as may be required by an officer in the context of the duties as an adminstrative control body assigned to the prevention of crime before it actually occurs, as long as such conduct does not infringe on the freedom of a human being whose range deminished or increased”5.

Legal basis:

This Subject has not been organized in the procedural laws, whether in Egyptian, Jordanian, Syrian or Leanese, clearly and expressly, but the Qatari legislator stated this procedure clearly and explicitly in Article 36 of the Criminal Procedures Code no. 23 of 2004. This Article speci f ies the legal status for th is procedure

and i ts condi tions. It states the following: “The Judicial Commis-sioner or a public authority officer may stop any person who voluntarily and willfully puts himself in a suspicious and doubtful situation in a manner which necessitates the investigation and the discovery of his identity”.

As a result, the Qatari Court of Cassation stated: “... because the ar-resting officer was suspicious of the way the accedent happened and actually seeing the accused in an abnormal state (drunk) in a manner that calls for suspicion – and his admittance to drinking alchohol, such signs may permit the arrest of the accused, prevent him from walking and get him to submit a sample of his blood for examination, which it proved that it contained alcohol. Thus, to plea for the nullification of the arrest and the examination procedures of taking sample is not as-sociated with pertinence. Since that was the case, and the contested verdict was correct in the eyes of the law, as per the provision of Artcle 36 of the Criminal Procedures Code that states: “The Judicial Commis-sioner or a public authority officer may stop any person who voluntarily and willfully puts himself in a suspicious and doubtful situation in a manner which necessitates the investigation and the discovery of his identity”. This indicates that a Police stop is a measure carried out by a public authority in order to investigate crimes and their perpetrators, and for it to be the correct procedure, there should be grounds for justification. It requires that he accused has voluntarily and willingly placed himself in a position of suspicion and that this situation indi-cates the need to require the intervention of the detainee to investigate and discover the truth of his situation. Since it has been decided that to adjudicate the presence of justification to stop someone or not lies with discretion of the judge on the subject without pursuer as long as the conclusion is justified6.

Terms of Validity:

According to the above mentioned Article, the Qatari legisla-tor has set out a set of conditions for this procedure to be valid. These conditions are in the best interest of an individual, on the one hand, and the interest of the Commissioner (Police officer) on the other. It prevents the encroachment of the freedoms of individuals, and also guarantees the Police officer his procedure to be legal, for if it was not as such it is nullified and in turn the nullification of any results from its effects, because what is built on false is false.

The presumed and fundamental condition is that this procedure is the right of the Commissioner and the public auhorities, and no one else has that right. If it is practiced by others, the procedure is void and the criminal and civil liability of that person is also borne Terms of Police stop:

1. A person puts himself in a position of suspicion and distrust. That is, the act of the person is considered unusual and is not done by an ordinary man in the same circumstances and situations, which prompt a public authority to stop him to ascertain the state suspicion in which the person put himself. This is the criterion and basis for a public authority to perform this procedure on which there are countless examples; for example, “if an officer, along with two men from the Police, were seen passing through an area within the jurisdic-tion of their Department, an area known for drug trafficking, they saw a woman standing with a handkerchief in her hand, and when she saw them, she started to run away and tried to hide herself from the officer and the men with him, and since the accused put herself in a position

Freedom of Movement and WhetherPolice Stop Constitutes Constraint

Study on Qatari Legislation

Dr. Anwar Mohammed Sidqi Al-MusaadaDepartment of Law – Ahmed bin MohammadMilitary School

Study

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of suspicion and distrust, it is the officer’s right and the men with him to stop her to investigate her conditon and uncover the situation in which she vaulanterily and choosingly set herself up to. The act of chasing her by the officer and the men with him after she fled in that suspicious manner is merely a way to stop her that does not amount to an arrest”7. An example of this also is “when a ruling showed that the appellant put hiself in a suspicious position by opening one of the workers’ cupbords located at Cairo Station after there were many com-plaints of someone stealing belongings of others from these cupbords, this justified the pbulic authority to stop him to discover the truth about him….. As long as the justification for the Police stop was available, the two Policemen had the right to take him to the Commissioner to stop him and investigate the truth about him without such action, ac-cording to the law, being an arrest”8.

As stated in a ruling by the Qatari Court of Cassation that: “Since the Police stop is a procedure carried out by the Commissioner or a public authority to investigate crimes and expose perpetrators and is driven by a suspicion justified by circumstances, which is permissible to them if the person voluntarily and choosingly placed himself in sus-picious and mistrusted situation, and that the situation warrants the detainee to intervene to investigate and reveal the truth pursuant to Article 36 of the Criminal Procedures Law, and the appealed ruling has proven that the appellant vountarily and choosingly set himself up to be the subject of suspicions and mistrust in the manner in which he was seen by the two Policemen, and if the Police stop uncovered, accordingly, the crime of possession of weapons and ammunitions, then the Policemen have the right to arresnt him, and therfore the ob-jections raised by the appellant are not acceptable in this regard”9.

2. A person putting himself in suspicious situation of his own will and choice. He is not forced or maddened by any motive, and this requires searching for intent an purpose intended by the person when he put himself under such circumstances, for example, “Police stop is permitted to the public authority if the person himself voluntarily sets himself up and chooses to be under suspicion and in suspicioussituation, which was indicating that the detainee must intervene to investigate and reveal the truth about him pursuant to Article 24 of the Criminal Procedures Law”10. In another ruling of the Egyptian Court of Cassation, it decided that: “When the accused person has put himslef in a position of suspicion and mistrust, this allows the Commissioner who saw him in that situation to Police stop him to reveal his sitaution and discover the status in which he himself voluntarily and choosingly set himself up”11. The movement or action that the person who had been Required to Halt must be suspicious for if not and the action was ordi-nary and possible for any person do, then the action is con-sidered to be unlawful and its consequences are also illegal.

3. Police stop need sufficient evedence. In order for the Po-lice stop to be valid and product to its consequence, it must be based on justifiable evidence. If these evidence cease or fail, the Police stop is null and void, and all the resulting consequenc-es are nullified. The evaluation of these evidence justifying Police stop falls with the public authorities who are authorized to exercise this procedure, therefore, there assessment must be objective and logical, as for the respondent to this estimation is the subject’s judge. Although, I found someone who says: “Accompanying the arrested person – even if compelled – to the Police station with a description for this procedure to be merely Police stop and not an arrest, is the new order that began to appear in the district of cassation for some time… When members of the public authority Police stop a person and the cir-cumstances that call for his Police stop are present, then if they were to hald him by his clothes to drag himi to a Police station then their doingso is not an arrest in the legal sense, but merely a physical assault”12.

What’s Next:

When the memebers of the public authority stops an individ-ual, this state of Police stop must end at one time, and this end comes as a conclusion of its result that is only true in the following cases:

1. It is clear after the Police stop that the circumstances that brought

Conclusion:

One of the most important daily things practiced by Police officers is to Police stop individuals and vehicles. This procedure violates the freedom of individuals if it is practiced unlawfully. Individu-als have full freedoms but in accordance with the provisions of the law. Therefore, the practice of the Police is based on the interests

of individuals and society alike in order to protect lives, dignity and properties, and prevent crime before it occurs or capture evidence of a crime.

about suspicion and mistrust were not in their proper place, and that the assessment of the public authority did not result in anything. In this case, the person who was stopped must be left alone without being subjected in any way that might prejudice or restrict his personal free-dom. For example, a person who was stopped was running at night in an area where theft is frequent and it turns out that the person was running in order to buy medicine for his sick son.

2. The Police stop yields a person caught committing a crime; in this case, the wheel of criminal proceedings starts, and all proceedings resulting from the state of the offense being committed are carried out. For example, “… when the ruling clarified that the appellant placed himself vulontarily in a state of suspicion… which is justified for the members of the public authority to Police stop him to ex-pose the truth about him, and him being caught committing the crime was achieved following this Police stop when the appellant threw away the seized narcotic cigaret volutarily and with his choosing, the Commission-er had the right to search him…”13.

3. The person who was stopped refused to explain the state of doubt in which he has placed hismself or does not identify himself, the most rea-sonable opinion in this regard and in accordance with the presumption of in-nocence is that it is not permissible to accompany the person to the Police station and

con-fine his freedom for a period – long or short – because this procedure is nothing short of an arrest and is permissible only in cases provided for in the law14.

1. Sir Alfred Denning, Freedom Under the Law, Steven’s and Sons Limited, 1979, London. P.10.

2. Izzet Qurani, “Justice and the Freedom in the Dawn of the Modern Arab Renaisance”, World of Knowledge, Kuwait, June 1980, P.68.

3. Dennis Lloyd, “The Idea of Law”, the Arabization of Salim Suweis, Review by Salim Bseiso, The World of Knowledge, No. 47, Kuwait, 1981, P.190.

4. Al-Husseini, the arrest and arrest in Kuwaiti law compared to the Egyptian law, p. 38. This is similar to the definition provided by the Egyptian Court of Cassation in a set of its provisions, for example: Revocation No. 160 of 35 BC, session 3/5/1955, 369 for the year 26 BC, 2/10/1956, the golden encyclopedia, p. 369, and the annulment of the number 1164 for the year 27 BC, session 30/12 / 1957, the golden encyclopedia, p. 370 and revoked the number 1650 for the year 29 BC, session 5/1/1970, the golden encyclopedia, p. 382 and other provisions.

5. Raouf Obaid, “Between the Arrest and Suspension of the Accused in Egyptian Legislation,” Journal of Legal and Economic Sciences, Second Issue, Fourth Year, Ain Shams University Press, 1962, p. 254.

6. State of Qatar, Court of Cassation, Criminal Provisions, Appeal No. 312 of 2013 Judicial Date: 17 February 2014.

7. Revocation No. 1446 of 39 BC, session 2/2/1960, Golden Encyclopedia, p.

8. Revocation No. 2224 for the year 32 BC, session of 25/3/1963, the Golden Encyclopedia, p. 379

9. State of Qatar, Court of Cassation, Criminal Judgments, Appeal No. 320 of 2011 Judicial on 5 March 2012.

10. Revocation No. 828 for the year 29 BC, session 20/10/1955, the Golden Encyclopedia, p. 382.

11. Revocation No. 435 for the year 20 BC, session 14/6/1950, the golden encyclopedia, p. 367.

12. Raouf Obeid, Practical Problems in Criminal Proceedings, Part 1-2, Arab Thought House, 1980, p. 62

13. Revocation No. 2224, year 32 BC, session of 25/3/1963, the golden encyclopedia, p. 379

14. Al-Marsafawi, Al-Marsafawi in the Proceedings of Criminal Proceedings, Past Referrence, Ps. 290-295. We have found that the Egyptian Court of Cassation, in its expansion of the concept of suspension, has in many of its provisions authorized, in this case, to take the person to the Police station to receive his order (revocation number 573, , P. 371). Although we found in another ruling that it is not permissible to take a detainee to the Police station (Rev. 506, 27 BC, 8/10/1957, The Golden Encyclopedia, p. 371).

3534 Journal of human rights periodical issued by the Human Rights Committee of the State of Qatar


Dr. Yusuf Mohammed Al Obaidan Fakhro is the Vice chairman of the National Human Rights Committee, a member of the Committee on drafting the Permanent Constitution of the State of Qatar, a Professor of Political Science, former Dean of the Faculty of business and Economics. He was a member of the Supreme Council of the Police and Law college, and an expert in the Documentation and Research Department in the Emiri Diwan. He has many publications in political and diplomatic sciences and has supervised many masters and doctoral dissertations in the universities of Egypt, Syria, Lebanon and Tunisia.

Dr. Obaidan is one of Qatar’s prominent figures with academic and political weight in the field of human rights. He was born in Qatar in 1947. He received primary, preparatory and secondary education in Qatari schools. He received his high school diploma (Literary) in 1966 and was ranked first among Qatari students at the time. Obaidan joined the Faculty of Economics, Science and Political Science in Cairo University in the academic year (66-67) and received his bachelor’s degree in political science in 1970. He received a masters degree in political science and from the same university (Cairo) with an excellent grade in 1978. His thesis was titled Political Institutions in Qatar. Dr. Yusuf Obaidan received his doctorate in Philosophy in Political Science with honors from the same university in 1982, with the title of his thesis “The System of Governance in the Gulf Countries”, a comparative study for Qatar, Kuwait and Bahrain.

Positions he has held: After graduation in 1970, Dr. Obaidan Fakhro worked at the Department of Foreign Affairs, as a third secretary before the Department became the Ministry of Foreign Affairs in 1972. In 1971, he was a member of the Qatari delegation to New York to apply for admission to the United Nations. He headed the delegation of Qatar to the meetings of the Political Committee of the Arab League to discuss the subject of (Occupation of Iran of the Arab Islands) in 1971, commissioned by His Highness the Emir at the time. He was a member of the Qatari delegation accompanying the Foreign Minister to the Conference of Foreign Ministers of Islamic Countries in Jeddah in 1972.

Academic work in Qatar University Dr. Obaidan was a faculty member at the University of Qatar, College of business and Economics in 1986. He taught a number of courses (Principles of Politics, Development Management, Policy Analysis, Diplomatic and Consular Systems, Human Resources Development), and the course of political

principles to the students of Ahmed bin Mohammed Military College in 2002 and 2004.Dr. Yousef Obaidan was a member of several committees such as the QU Scholarship Committee, the Cultural Season Committee, the Academic Guidance Committee, the Board of Management and Economics Committee from 1988 to 1992.

Scientific contributions With regard to the publications, there are many unique works of Dr. Obaidan, including: Political Institutions in Qatar, the Features of the Contemporary Political Organization in Qatar, the Diplomatic and Consular System in the State of Qatar - its Inception and Development, the principles of political science, and Diplomatic and Consular Representation in Theory and Practice.With regards to research studies, he has conducted many studies and researches published in journals and periodicals. Including but not limited to the following: The reality of British-Qatari relations in the light of the British protection agreement, Qatar’s foreign policy orientations, the evolution of judicial tools in the State of Qatar from the 1970s until the 1990s, the political approach of the Gulf region, the constitutional movement in the United Arab Emirates from independence until the 1990s, lessons learned from the Gulf crisis in 1990 and other important researches in the political and legislative fields.

Dr. Obaidan: Ethical commitment has a stronger effect on companies than instruments and treaties It is very important to spread Awareness on business guidelines and human rights

Perhaps it has not received the necessary attention… Or that some see it as an accessory of rights… Others may explain it as not an urgent issue with a view to the minimum level of access to human dignity… However, Dr. Yusuf Obaidan had a different opinion. He believes that the issue of human rights and business and its connection to social responsibility is absolutely necessary and all relevant institutions should work to spread the culture of human rights in businesses and introduce the institutions and commercial companies to the Human rights principles, and objectives and with its responsibilities towards its work environment. In the aforementioned introduction, we had this dialogue with the Vice-chairman of the National Human Rights Committee so here are the dialogue’s minutes:

To what extent the mission and objectives of national human rights institutions are linked to the concepts of social responsibility?

It is well known that humans are the cornerstone of the structure of society. From this concept, we find that the process of human rights is not only a matter of social responsibility, but also an integral part thereof and I do not say that they are two sides of one coin, but rather one interface that carries in its meaning and content the service of society in all its categories and aspires to achieve its human goals with all its requirements and according to the data that will achieve human dignity.

Are there any charters or agreements that oblige the private and public sectors to respect the principles of human rights? Of course, the concept of corporate social responsibility is not legally binding and is still as the European Commission has known voluntarily, but the ethical and moral side gave it greater commitment than the instruments and treaties and made it difficult for the public and private sectors to turn a blind eye to it and ignore its responsibility towards the communities in which it operates. Perhaps the most prominent attempt to establish the

foundations of this concept and moral immunity was the issuance of The United Nations Global Compact in 2000 is a United Nations initiative to encourage businesses worldwide to adopt sustainable and socially responsible policies, together with the International Labor Organization Declaration on Fundamental Principles and Rights at Work, the Rio Declaration on Environment and Development and the United Nations Convention against Corruption. These Declarations contain several principles that require the public and private sectors to place human rights at the top of their priorities as they deal with the

society in which they operate.

What are these principles and what are the appropriate mechanisms for promoting them among institutions?

Among these principles, businesses should support and respect the protection of internationally proclaimed human rights. They should also ensure that they are not involved in human rights violations. Businesses should encourage a precautionary approach to all environmental challenges. They should undertake initiatives to expand responsibility for the environment and promote the development and diffusion of environmentally friendly technologies as well as combating corruption in all its forms, including extortion and bribery, and the effective abolition of child labor as well as the elimination of all forms of forced labor and discrimination in employment and jobs.With regard to the second part of the question of mechanisms for promoting these principles among the target groups, one of the most important roles of national human rights institutions is the awareness and education of rights and duties at all levels. National institutions should conduct initiatives to promote these ten principles among the public and private institutions and the communities that host these institutions in their surroundings through media campaigns and educational programs through the media and various presentations and awareness lectures that combine the institution and the community in which it operates.This leads us to talk about an important aspect, The Human Rights Council has adopted guidelines on business and human rights to implement the United Nations ‘Protect, Respect and Remedy’ Framework”.

What prompted the Human Rights Council to support this framework?

It is well known that the process of globalization and others has witnessed developments over the past decades in which non-State actors such as transnational corporations and other business enterprises play an increasingly important role at the global as well as

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Interview withDr. Yusuf Obaidan



national and local levels. The growing impact of business has led to a dialogue on the roles and responsibilities of these actors with regard to human rights.Governments have traditionally assumed responsibility for international human rights standards, with a view to regulating relations between the State, individuals and groups. However, as the role of corporate sector actors at the national and international levels increased, the issue of the impact of business on the enjoyment of human rights was placed on the United Nations agenda.

How positive are these principles to transform the concepts of social responsibility from moral to legally binding?

Of course, I do not prefer to go beyond the moral aspect because as I mentioned, it is more compulsory than the legal one because we know that all private and public institutions are concerned with on their reputation, which is linked to their morality, as for the law, however powerful it may be, there will still be gaps that can be circumvented. Although the moral aspect is somewhat missing in the law, this does not prevent national institutions from working on the integration of the moral and legal aspects. Returning to the question, these principles recognize the role of commercial institutions as specialized bodies of society with specialized functions, required to comply with all applicable laws and to protect human rights. These principles emphasize the need to meet rights with appropriate and effective remedies when violated. These guidelines apply to all States and enterprises, whether transnational or non-transnational, regardless of size, sector, location, ownership and structure. The most important of these directives is that they should be implemented in a non-discriminatory manner, with particular attention to the rights and needs of individuals belonging to groups or populations that may be at increased risk, taking due account of the various risks women and men face.

How should business enterprises respect human rights?

The respect of companies and institutions for human rights comes by avoiding violations and addressing their negative effects on these rights. The responsibility to respect human rights is a universal standard of conduct expected of all businesses, regardless of the capacity or will of States to fulfill their human rights obligations. Addressing the adverse effects on human rights requires adequate methods andmeasures to prevent, mitigate and address such effects. In addition, businesses can take on other obligations or activities to support and promote human rights, which can contribute to the enjoyment of rights but do not compensate for any cases of violation that they may cause during their operations.

What is the obligation of the institution that may cause or contribute to the negative effects on human rights towards society?

In accordance with these guidelines, the institution that has caused or contributed to these

adverse effects should address these effects respect human rights. Such institutions must establish grievance mechanisms for potential victims of its activities in order to allow for the process of treatment.

What is the role of States in the process of developing operational mechanisms for such guidelines?

One of the most important of these mechanisms is the non-state judicial mechanism. States should take appropriate steps to ensure the effectiveness of such a domestic mechanism when dealing with the violations of institutions to human rights, including consideration of ways to reduce legal, practical and other relevant barriers that could lead to denial of access to remedies. States should also provide effective and proper non-judicial grievance mechanisms as part of the system of redress for violations of human rights by enterprises. States facilitate access to effective non-State grievance mechanisms to deal with human rights abuses by enterprises.

private and public institutions are concerned with their reputation..

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Human Resources Law under the Microscope of

Human RightsBy: Diyaa Abbas

Before its release, the forums

and social media raised questions about

the delay in the issuance of the Human

Resources Law No. 15 of 2016. After the

law was passed earlier this year, it has

not met with much satisfaction, though

not without some criticism. Although most

public opinion surveys on the law upon

its release confirmed that it covers many

humane aspects, however, the National

Human Rights Committee (NHRC) had a

different viewpoint. In its 2016 annual report,

the committee has included a number of

observations and comments that will reread

the pages of the law and reflect more closely

on its lines.At the beginning of its observations, the

Committee mentioned that it was not

consulted before this law was issued,

despite its linkage to human rights in several

issues. The Committee made a number of

observations and this report will only focus

on some of them as examples. NHRC sees

that Article (20) which stipulated that the

employee must obtain a prior approval of

the Ministry of Administrative Development,

Labor and Social Affairs in order for him / her

to get re-appointed constitutes a violation of

the right to education, freedom of research,

and the right to hold public office. Therefore, the committee sees there was no

need to provide for this requirement, since

the reappointment was a legal order as

stated in this article. Article (53) of the law

violates the right to be paid for the work, a

rule that is relevant to human rights.

The report of the Committee points out that

Article (63) provided that at least half of

the periodic leave should be taken by the

employee if he/she could not obtain the full

leave due to the work requirements, and

that the remaining balance to be transferred

to the following year.

According to this provision, if the employee

is unable, due to the work requirements, to

take his annual leave, the period will be lost,

and will not be compensated in any way,

which is contrary to the principles of human

rights, which provides for compensation in

this case. The employee may be eligible to

request his / her accumulated annual leave,

otherwise compensation must be granted.

According to human rights, the law did not

regulate in Article (93) a means of appeal or

challenge the decisions of the “Permanent

Disciplinary Council”, contrary to Article

(91) which provides for the right to appeal

against the decisions of the “Disciplinary

Committee” before the Administrative

Chamber of the Court of First Instance. This

constitutes a violation of the right to appeal

and the right to access to justice.

The Committee states in its report for

the year 2016 that if the law in Article 107

removes the condition of the “abolition of a

job” as a reason for termination as set forth in

the repealed law, which is in conformity with

human rights principles, the same article,

however, in particular the sixth article,

provided for the termination of service by a

decision by the Prime Minister for reasons

of public interest. The term “public interest”,

as previously indicated by the NHRC, is a broad and loose term. It does not guarantee due rights for the employee whose service has been terminated. The Committee, therefore, recommends that Article 107 should be amended by deleting the sixth article.Article 118 provides that a non-Qatari employee is entitled to an end of service benefits on the basis of one month’s salary for each year of service, up to a maximum of ten months for the duration of his service. This means that a non-Qatari employee is not entitled to an end-of-service for more than ten years of service in case his or her period of service exceeds that period. This provision violates the right to work of non-Qatari employees working in government institutions.Despite these observations on the law, the committee had some positive aspects of the new law and its executive regulations to appreciate. The most important of these comments is Article 62 of the Law which grants the employee the right to take periodic leave more than three times during the same year (a restriction that was stipulated in the repealed law). Article

(65) also allows the employee the right to receive the casual leave for more than three days at a time. Article (71) grants an employee who has a work injury or occupational illness a sick leave with a total salary for a period not exceeding two years, not to be calculated from his / her periodic or sick leave, instead of a year in the repealed law.Article (74) grants the Qatari female employee a leave with a total salary for the care of her children with disabilities. This Article enhances the Qatari women’s rights and the rights of persons with disabilities. The non-specification of an age limit allows the granting of leave without a specific age for children with disabilities.

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Does an employee have the right to get a copy of the job contract he / she signed with his / her employer?

Yes. According to Article (38) of Labor Law Number 14 of the year 2004, an employee has the right to get a copy of the job contract after getting it signed and authenticated by the competent authority.

What is the maximum time for an employee’s probationary period?

According to Article (39) of the Labor Law, the contract can specify subjecting an employee to a probationary period that is agreed on by the two parties. This probationary period should not exceed 6 months from the date of starting work.

Is it permissible to make an employment of a person subject to more than one probationary period by the same employer?

No. This is not permissible.

Can an employer terminate the contract during the probationary period?

Yes, an employer may terminate the contract with the employee if the employer deems him / her unfit for the position for which he / she was hired. However, the employer should notify the employee about the termination by at least three days before the date of terminating the contract.

Is it permissible to enter into a definite contract whose period is more than 5 years?

No. This is not permissible pursuant to Article (40) of the Labor Law. However, this period may be extended for another period or periods as may be agreed on by the two parties.

What are the employee’s commitments?

Article (42) states that The worker shall undertake the following:-

To perform the work by himself and exercise the care of the ordinary man in its performance.

To carry out the orders of the employer concerning the performance of the work if these orders do not include orders which contravene the law or the contract and if the carrying out of these orders does not subject the worker to danger.

Not to work for third parties for or without a wage.

To take care of the raw materials, means of production, products etc. which are in his possession or under his disposal and to take the necessary steps for their safe keeping and maintenance.

To carry out the safety and professional health instructions prescribed in the establishment.

To cooperate in the prevention of the occurrence of

accidents in the place of work or in the alleviation of the results thereof.

To continuously procure the professional and cultural development of his skills and expertise in accordance with the regulations and procedures prescribed by the employer in participation with the concerned authority within the limits of available facilities.

Not to disclose the secrets of the employer even after expiry of the contract.

Not to use the work tools outside the place of work without permission of the employer and to keep such tools in the places designated therefore.

Not to accept gifts, remuneration, commission or sums in respect of performance of his duties otherwise than from the employer.

To return on the expiry of the contract the non-consumed tools or materials at his disposal.

Is it permissible to terminate an indefinite contract by one of the parties without giving reasons?

Yes, this is possible pursuant to Article (49) of the Labor Law. If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:-

1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination if the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.

2. In all other cases the notification shall be given in accordance with the following periods:

A) If the period of service is less than one year the notification period shall be at least one week.

B) If the period of service is more than one year and less than five years the notification period shall be at least two weeks.

C) If the service period is more than five years the notification period shall be at least one month. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof

What are the cases in which an employee can terminate the contract before its end date if it is a definite contract, and without notifying the employer if the contract is indefinite, while fully keeping his / her end of service payment?

In accordance with Article (51) of the Labor Law,

Inquiries about

Qatari Labor Laws(2-1)The worker may terminate the service contract before its expiry date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:

1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.

2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.

3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.

4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.

Does the contract end with the death of the employer or merger of the institution with another one or the transfer of its ownership and the right to run it to a different entity or person?

Pursuant to Article (52) of the Labor Law, The service contract shall not terminate in any of the following two cases:

1. Death of the employer, unless the contract has been concluded for consideration related to the person or professional activities of the employer which cease upon his death.

2. The merger of the enterprise with another enterprise or transfer of its ownership or the right in its management to a person other than the employer for any reason. The successor shall be jointly liable with the former employer for the payment of the workers entitlements accruing from the latter.

Can the employer refuse to give the employee upon his/her request a service certificate at the end of the contract?

No. The employer does not have the right to deny the employee a service certificate. Article (53) of the Labor Law states that the employer shall upon expiry of the service contract:

1. Give the worker upon his demand, free of charge, a service certificate indicating the date of his engagement in the employment, the date of expiry of his employment, the type of work he was performing and the amount of wage he was receiving.

2. Return to the worker the certificates, documents etc. which the worker deposited with the employer.

Nayf Msabah Al- ShemryHead of Reception and Registration Section,Legal Department

Inquiries

Awareness PlatformJohara bint M. Al Thani

Right toEducation

(2/4)

Quality Education Quality of education in a function of many factors but the improvement of one factor does not necessary be reflected in the rest of the factors. Due to the complex nature of quality in education it is not easy , if asked about the improvement in the quality of education, to answer could be yes or no , but the answer will be of relative nature. Therefore, the criteria used to measure quality of education is the cost benefit analysis.

In this respect, quality of education has three basic elements:

1- Cost of education policy versus outcome in terms of quality and quantity .

2- The balance between cost, quality and quantity.

3- The reflection of successful balance on the quality of curriculum and courses.

Spending on education in careful and calculative manner, taking into account the ambitious educational policy, constitutes the cornerstone for its success. The emphasis on quality only without taking the quantity into consideration creating negative imbalance in the educational policy. Therefore, coordinating between those elements contribute to a successful and sound educational policy. This in the meantime has repercussion on the quality of curriculum and courses. This type of climate generate competition between schools and that contribute to innovation in educational policy and consequently the improvement of the quality of education.

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